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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||
5 | Section 5-12020 as follows: | |||||||||||||||||||
6 | (55 ILCS 5/5-12020) | |||||||||||||||||||
7 | Sec. 5-12020. Commercial wind energy facilities and | |||||||||||||||||||
8 | commercial solar energy facilities. | |||||||||||||||||||
9 | (a) As used in this Section: | |||||||||||||||||||
10 | "Commercial solar energy facility" means a "commercial | |||||||||||||||||||
11 | solar energy system" as defined in Section 10-720 of the | |||||||||||||||||||
12 | Property Tax Code. "Commercial solar energy facility" does not | |||||||||||||||||||
13 | mean a utility-scale solar energy facility being constructed | |||||||||||||||||||
14 | at a site that was eligible to participate in a procurement | |||||||||||||||||||
15 | event conducted by the Illinois Power Agency pursuant to | |||||||||||||||||||
16 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | |||||||||||||||||||
17 | Act. | |||||||||||||||||||
18 | "Commercial wind energy facility" means a wind energy | |||||||||||||||||||
19 | conversion facility of equal or greater than 500 kilowatts in | |||||||||||||||||||
20 | total nameplate generating capacity. "Commercial wind energy | |||||||||||||||||||
21 | facility" includes a wind energy conversion facility seeking | |||||||||||||||||||
22 | an extension of a permit to construct granted by a county or | |||||||||||||||||||
23 | municipality before January 27, 2023 ( the effective date of |
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1 | Public Act 102-1123) this amendatory Act of the 102nd General | ||||||
2 | Assembly . | ||||||
3 | "Facility owner" means (i) a person with a direct | ||||||
4 | ownership interest in a commercial wind energy facility or a | ||||||
5 | commercial solar energy facility, or both, regardless of | ||||||
6 | whether the person is involved in acquiring the necessary | ||||||
7 | rights, permits, and approvals or otherwise planning for the | ||||||
8 | construction and operation of the facility, and (ii) at the | ||||||
9 | time the facility is being developed, a person who is acting as | ||||||
10 | a developer of the facility by acquiring the necessary rights, | ||||||
11 | permits, and approvals or by planning for the construction and | ||||||
12 | operation of the facility, regardless of whether the person | ||||||
13 | will own or operate the facility. | ||||||
14 | "Nonparticipating property" means real property that is | ||||||
15 | not a participating property. | ||||||
16 | "Nonparticipating residence" means a residence that is | ||||||
17 | located on nonparticipating property and that is existing and | ||||||
18 | occupied on the date that an application for a permit to | ||||||
19 | develop the commercial wind energy facility or the commercial | ||||||
20 | solar energy facility is filed with the county. | ||||||
21 | "Occupied community building" means any one or more of the | ||||||
22 | following buildings that is existing and occupied on the date | ||||||
23 | that the application for a permit to develop the commercial | ||||||
24 | wind energy facility or the commercial solar energy facility | ||||||
25 | is filed with the county: a school, place of worship, day care | ||||||
26 | facility, public library, or community center. |
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1 | "Participating property" means real property that is the | ||||||
2 | subject of a written agreement between a facility owner and | ||||||
3 | the owner of the real property that provides the facility | ||||||
4 | owner an easement, option, lease, or license to use the real | ||||||
5 | property for the purpose of constructing a commercial wind | ||||||
6 | energy facility, a commercial solar energy facility, or | ||||||
7 | supporting facilities. "Participating property" also includes | ||||||
8 | real property that is owned by a facility owner for the purpose | ||||||
9 | of constructing a commercial wind energy facility, a | ||||||
10 | commercial solar energy facility, or supporting facilities. | ||||||
11 | "Participating residence" means a residence that is | ||||||
12 | located on participating property and that is existing and | ||||||
13 | occupied on the date that an application for a permit to | ||||||
14 | develop the commercial wind energy facility or the commercial | ||||||
15 | solar energy facility is filed with the county. | ||||||
16 | "Protected lands" means real property that is: | ||||||
17 | (1) subject to a permanent conservation right
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18 | consistent with the Real Property Conservation Rights Act; | ||||||
19 | or | ||||||
20 | (2) registered or designated as a nature preserve,
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21 | buffer, or land and water reserve under the Illinois | ||||||
22 | Natural Areas Preservation Act. | ||||||
23 | "Supporting facilities" means the transmission lines, | ||||||
24 | substations, access roads, meteorological towers, storage | ||||||
25 | containers, and equipment associated with the generation and | ||||||
26 | storage of electricity by the commercial wind energy facility |
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1 | or commercial solar energy facility. | ||||||
2 | "Wind tower" includes the wind turbine tower, nacelle, and | ||||||
3 | blades. | ||||||
4 | (b) Notwithstanding any other provision of law or whether | ||||||
5 | the county has formed a zoning commission and adopted formal | ||||||
6 | zoning under Section 5-12007, a county may establish standards | ||||||
7 | for commercial wind energy facilities, commercial solar energy | ||||||
8 | facilities, or both. The standards may include all of the | ||||||
9 | requirements specified in this Section but may not include | ||||||
10 | requirements for commercial wind energy facilities or | ||||||
11 | commercial solar energy facilities that are more restrictive | ||||||
12 | than specified in this Section. A county may also regulate the | ||||||
13 | siting of commercial wind energy facilities with standards | ||||||
14 | that are not more restrictive than the requirements specified | ||||||
15 | in this Section in unincorporated areas of the county that are | ||||||
16 | outside the zoning jurisdiction of a municipality and that are | ||||||
17 | outside the 1.5-mile radius surrounding the zoning | ||||||
18 | jurisdiction of a municipality. | ||||||
19 | (c) If a county has elected to establish standards under | ||||||
20 | subsection (b), before the county grants siting approval or a | ||||||
21 | special use permit for a commercial wind energy facility or a | ||||||
22 | commercial solar energy facility, or modification of an | ||||||
23 | approved siting or special use permit, the county board of the | ||||||
24 | county in which the facility is to be sited or the zoning board | ||||||
25 | of appeals for the county shall hold at least one public | ||||||
26 | hearing. The public hearing shall be conducted in accordance |
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1 | with the Open Meetings Act and shall be held not more than 45 | ||||||
2 | days after the filing of the application for the facility. The | ||||||
3 | county shall allow interested parties to a special use permit | ||||||
4 | an opportunity to present evidence and to cross-examine | ||||||
5 | witnesses at the hearing, but the county may impose reasonable | ||||||
6 | restrictions on the public hearing, including reasonable time | ||||||
7 | limitations on the presentation of evidence and the | ||||||
8 | cross-examination of witnesses. The county shall also allow | ||||||
9 | public comment at the public hearing in accordance with the | ||||||
10 | Open Meetings Act. The county shall make its siting and | ||||||
11 | permitting decisions not more than 30 days after the | ||||||
12 | conclusion of the public hearing. Notice of the hearing shall | ||||||
13 | be published in a newspaper of general circulation in the | ||||||
14 | county. A facility owner must enter into an agricultural | ||||||
15 | impact mitigation agreement and file a land reclamation plan | ||||||
16 | and a recycling plan with the Department of Agriculture prior | ||||||
17 | to the date of the required public hearing. The land | ||||||
18 | reclamation plan must outline how the property on which a | ||||||
19 | facility has been constructed will be returned to the state | ||||||
20 | the property existed prior to the construction of the facility | ||||||
21 | upon removal of the facility. The recycling plan must outline | ||||||
22 | how the material used to construct the facility will be | ||||||
23 | recycled. A commercial wind energy facility owner seeking an | ||||||
24 | extension of a permit granted by a county prior to July 24, | ||||||
25 | 2015 (the effective date of Public Act 99-132) must enter into | ||||||
26 | an agricultural impact mitigation agreement with the |
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1 | Department of Agriculture prior to a decision by the county to | ||||||
2 | grant the permit extension. Counties may allow test wind | ||||||
3 | towers or test solar energy systems to be sited without formal | ||||||
4 | approval by the county board. | ||||||
5 | (d) A county with an existing zoning ordinance in conflict | ||||||
6 | with this Section shall amend that zoning ordinance to be in | ||||||
7 | compliance with this Section within 120 days after January 27, | ||||||
8 | 2023 ( the effective date of Public Act 102-1123) this | ||||||
9 | amendatory Act of the 102nd General Assembly . | ||||||
10 | (e) A county may require: | ||||||
11 | (1) a wind tower of a commercial wind energy facility | ||||||
12 | to be sited as follows, with setback distances measured | ||||||
13 | from the center of the base of the wind tower: | ||||||
14 | Setback Description Setback Distance | ||||||
15 | Occupied Community 2.1 times the maximum blade tip | ||||||
16 | Buildings height of the wind tower to the | ||||||
17 | nearest point on the outside | ||||||
18 | wall of the structure | ||||||
19 | Participating Residences 1.1 times the maximum blade tip | ||||||
20 | height of the wind tower to the | ||||||
21 | nearest point on the outside | ||||||
22 | wall of the structure |
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1 | Nonparticipating Residences 2.1 times the maximum blade tip | ||||||
2 | height of the wind tower to the | ||||||
3 | nearest point on the outside | ||||||
4 | wall of the structure | ||||||
5 | Boundary Lines of None | ||||||
6 | Participating Property | ||||||
7 | Boundary Lines of 1.1 times the maximum blade tip | ||||||
8 | Nonparticipating Property height of the wind tower to the | ||||||
9 | nearest point on the property | ||||||
10 | line of the nonparticipating | ||||||
11 | property | ||||||
12 | Public Road Rights-of-Way 1.1 times the maximum blade tip | ||||||
13 | height of the wind tower | ||||||
14 | to the center point of the | ||||||
15 | public road right-of-way | ||||||
16 | Overhead Communication and 1.1 times the maximum blade tip | ||||||
17 | Electric Transmission height of the wind tower to the | ||||||
18 | and Distribution Facilities nearest edge of the property | ||||||
19 | (Not Including Overhead line, easement, or | ||||||
20 | Utility Service Lines to right-of-way right of way | ||||||
21 | Individual Houses or containing the overhead line | ||||||
22 | Outbuildings) |
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1 | Overhead Utility Service None | ||||||
2 | Lines to Individual | ||||||
3 | Houses or Outbuildings | ||||||
4 | Fish and Wildlife Areas 2.1 times the maximum blade | ||||||
5 | and Illinois Nature tip height of the wind tower | ||||||
6 | Preserve Commission to the nearest point on the | ||||||
7 | Protected Lands property line of the fish and | ||||||
8 | wildlife area or protected | ||||||
9 | land | ||||||
10 | This Section does not exempt or excuse compliance with | ||||||
11 | electric facility clearances approved or required by the | ||||||
12 | National Electrical Code, The National Electrical Safety | ||||||
13 | Code, Illinois Commerce Commission, Federal Energy | ||||||
14 | Regulatory Commission, and their designees or successors. | ||||||
15 | (2) a wind tower of a commercial wind energy facility | ||||||
16 | to be sited so that industry standard computer modeling | ||||||
17 | indicates that any occupied community building or | ||||||
18 | nonparticipating residence will not experience more than | ||||||
19 | 30 hours per year of shadow flicker under planned | ||||||
20 | operating conditions; | ||||||
21 | (3) a commercial solar energy facility to be sited as | ||||||
22 | follows, with setback distances measured from the nearest | ||||||
23 | edge of any component of the facility: |
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1 | Setback Description Setback Distance | ||||||
2 | Occupied Community 150 feet from the nearest | ||||||
3 | Buildings and Dwellings on point on the outside wall | ||||||
4 | Nonparticipating Properties of the structure | ||||||
5 | Boundary Lines of None | ||||||
6 | Participating Property | ||||||
7 | Public Road Rights-of-Way 50 feet from the nearest | ||||||
8 | edge | ||||||
9 | Boundary Lines of 50 feet to the nearest | ||||||
10 | Nonparticipating Property point on the property | ||||||
11 | line of the nonparticipating | ||||||
12 | property | ||||||
13 | (4) a commercial solar energy facility to be sited so | ||||||
14 | that the facility's perimeter is enclosed by fencing | ||||||
15 | having a height of at least 6 feet and no more than 25 | ||||||
16 | feet; and | ||||||
17 | (5) a commercial solar energy facility to be sited so | ||||||
18 | that no component of a solar panel has a height of more | ||||||
19 | than 20 feet above ground when the solar energy facility's | ||||||
20 | arrays are at full tilt. |
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1 | The requirements set forth in this subsection (e) may be | ||||||
2 | waived subject to the written consent of the owner of each | ||||||
3 | affected nonparticipating property. | ||||||
4 | (e-5) A commercial solar energy facility may not be sited | ||||||
5 | on property where the property's soil's crop productivity | ||||||
6 | index is greater than 110, as "crop productivity index" is | ||||||
7 | used in the University of Illinois at Urbana-Champaign's | ||||||
8 | Optimum Crop Productivity Ratings for Illinois Soil or | ||||||
9 | subsequent publication. | ||||||
10 | (f) A county may not set a sound limitation for wind towers | ||||||
11 | in commercial wind energy facilities or any components in | ||||||
12 | commercial solar energy facilities facility that is more | ||||||
13 | restrictive than the sound limitations established by the | ||||||
14 | Illinois Pollution Control Board under 35 Ill. Adm. Code Parts | ||||||
15 | 900, 901, and 910. | ||||||
16 | (g) A county may not place any restriction on the | ||||||
17 | installation or use of a commercial wind energy facility or a | ||||||
18 | commercial solar energy facility unless it adopts an ordinance | ||||||
19 | that complies with this Section. A county may not establish | ||||||
20 | siting standards for supporting facilities that preclude | ||||||
21 | development of commercial wind energy facilities or commercial | ||||||
22 | solar energy facilities. | ||||||
23 | A request for siting approval or a special use permit for a | ||||||
24 | commercial wind energy facility or a commercial solar energy | ||||||
25 | facility, or modification of an approved siting or special use | ||||||
26 | permit, shall be approved if the request is in compliance with |
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1 | the standards and conditions imposed in this Act, the zoning | ||||||
2 | ordinance adopted consistent with this Code, and the | ||||||
3 | conditions imposed under State and federal statutes and | ||||||
4 | regulations. | ||||||
5 | (h) A county may not adopt zoning regulations that | ||||||
6 | disallow, permanently or temporarily, commercial wind energy | ||||||
7 | facilities or commercial solar energy facilities from being | ||||||
8 | developed or operated in any district zoned to allow | ||||||
9 | agricultural or industrial uses. | ||||||
10 | (i) A county may not require permit application fees for a | ||||||
11 | commercial wind energy facility or commercial solar energy | ||||||
12 | facility that are unreasonable. All application fees imposed | ||||||
13 | by the county shall be consistent with fees for projects in the | ||||||
14 | county with similar capital value and cost. | ||||||
15 | (j) Except as otherwise provided in this Section, a county | ||||||
16 | shall not require standards for construction, decommissioning, | ||||||
17 | or deconstruction of a commercial wind energy facility or | ||||||
18 | commercial solar energy facility or related financial | ||||||
19 | assurances that are more restrictive than those included in | ||||||
20 | the Department of Agriculture's standard wind farm | ||||||
21 | agricultural impact mitigation agreement, template 81818, or | ||||||
22 | standard solar agricultural impact mitigation agreement, | ||||||
23 | version 8.19.19, as applicable and in effect on December 31, | ||||||
24 | 2022. The amount of any decommissioning payment shall be | ||||||
25 | limited to the cost identified in the decommissioning or | ||||||
26 | deconstruction plan, as required by those agricultural impact |
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1 | mitigation agreements, minus the salvage value of the project. | ||||||
2 | (k) A county may not condition approval of a commercial | ||||||
3 | wind energy facility or commercial solar energy facility on a | ||||||
4 | property value guarantee and may not require a facility owner | ||||||
5 | to pay into a neighboring property devaluation escrow account. | ||||||
6 | (l) A county may require certain vegetative screening | ||||||
7 | surrounding a commercial wind energy facility or commercial | ||||||
8 | solar energy facility but may not require earthen berms or | ||||||
9 | similar structures. | ||||||
10 | (m) A county may set blade tip height limitations for wind | ||||||
11 | towers in commercial wind energy facilities but may not set a | ||||||
12 | blade tip height limitation that is more restrictive than the | ||||||
13 | height allowed under a Determination of No Hazard to Air | ||||||
14 | Navigation by the Federal Aviation Administration under 14 CFR | ||||||
15 | Part 77. | ||||||
16 | (n) A county may require that a commercial wind energy | ||||||
17 | facility owner or commercial solar energy facility owner | ||||||
18 | provide: | ||||||
19 | (1) the results and recommendations from consultation | ||||||
20 | with the Illinois Department of Natural Resources that are | ||||||
21 | obtained through the Ecological Compliance Assessment Tool | ||||||
22 | (EcoCAT) or a comparable successor tool; and | ||||||
23 | (2) the results of the United States Fish and Wildlife | ||||||
24 | Service's Information for Planning and Consulting | ||||||
25 | environmental review or a comparable successor tool that | ||||||
26 | is consistent with (i) the "U.S. Fish and Wildlife |
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1 | Service's Land-Based Wind Energy Guidelines" and (ii) any | ||||||
2 | applicable United States Fish and Wildlife Service solar | ||||||
3 | wildlife guidelines that have been subject to public | ||||||
4 | review.
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5 | (o) A county may require a commercial wind energy facility | ||||||
6 | or commercial solar energy facility to adhere to the | ||||||
7 | recommendations provided by the Illinois Department of Natural | ||||||
8 | Resources in an EcoCAT natural resource review report under 17 | ||||||
9 | Ill. Adm. Admin. Code Part 1075. | ||||||
10 | (p) A county may require a facility owner to: | ||||||
11 | (1) demonstrate avoidance of protected lands as | ||||||
12 | identified by the Illinois Department of Natural Resources | ||||||
13 | and the Illinois Nature Preserve Commission; or | ||||||
14 | (2) consider the recommendations of the Illinois | ||||||
15 | Department of Natural Resources for setbacks from | ||||||
16 | protected lands, including areas identified by the | ||||||
17 | Illinois Nature Preserve Commission. | ||||||
18 | (q) A county may require that a facility owner provide | ||||||
19 | evidence of consultation with the Illinois State Historic | ||||||
20 | Preservation Office to assess potential impacts on | ||||||
21 | State-registered historic sites under the Illinois State | ||||||
22 | Agency Historic Resources Preservation Act. | ||||||
23 | (r) To maximize community benefits, including, but not | ||||||
24 | limited to, reduced stormwater runoff, flooding, and erosion | ||||||
25 | at the ground mounted solar energy system, improved soil | ||||||
26 | health, and increased foraging habitat for game birds, |
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1 | songbirds, and pollinators, a county may (1) require a | ||||||
2 | commercial solar energy facility owner to plant, establish, | ||||||
3 | and maintain for the life of the facility vegetative ground | ||||||
4 | cover, consistent with the goals of the Pollinator-Friendly | ||||||
5 | Solar Site Act and (2) require the submittal of a vegetation | ||||||
6 | management plan in the application to construct and operate a | ||||||
7 | commercial solar energy facility in the county. | ||||||
8 | No later than 90 days after January 27, 2023 ( the | ||||||
9 | effective date of Public Act 102-1123) this amendatory Act of | ||||||
10 | the 102nd General Assembly , the Illinois Department of Natural | ||||||
11 | Resources shall develop guidelines for vegetation management | ||||||
12 | plans that may be required under this subsection for | ||||||
13 | commercial solar energy facilities. The guidelines must | ||||||
14 | include guidance for short-term and long-term property | ||||||
15 | management practices that provide and maintain native and | ||||||
16 | non-invasive naturalized perennial vegetation to protect the | ||||||
17 | health and well-being of pollinators. | ||||||
18 | (s) If a facility owner enters into a road use agreement | ||||||
19 | with the Illinois Department of Transportation, a road | ||||||
20 | district, or other unit of local government relating to a | ||||||
21 | commercial wind energy facility or a commercial solar energy | ||||||
22 | facility, the road use agreement shall require the facility | ||||||
23 | owner to be responsible for (i) the reasonable cost of | ||||||
24 | improving roads used by the facility owner to construct the | ||||||
25 | commercial wind energy facility or the commercial solar energy | ||||||
26 | facility and (ii) the reasonable cost of repairing roads used |
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1 | by the facility owner during construction of the commercial | ||||||
2 | wind energy facility or the commercial solar energy facility | ||||||
3 | so that those roads are in a condition that is safe for the | ||||||
4 | driving public after the completion of the facility's | ||||||
5 | construction. Roadways improved in preparation for and during | ||||||
6 | the construction of the commercial wind energy facility or | ||||||
7 | commercial solar energy facility shall be repaired and | ||||||
8 | restored to the improved condition at the reasonable cost of | ||||||
9 | the developer if the roadways have degraded or were damaged as | ||||||
10 | a result of construction-related activities. | ||||||
11 | The road use agreement shall not require the facility | ||||||
12 | owner to pay costs, fees, or charges for road work that is not | ||||||
13 | specifically and uniquely attributable to the construction of | ||||||
14 | the commercial wind energy facility or the commercial solar | ||||||
15 | energy facility. Road-related fees, permit fees, or other | ||||||
16 | charges imposed by the Illinois Department of Transportation, | ||||||
17 | a road district, or other unit of local government under a road | ||||||
18 | use agreement with the facility owner shall be reasonably | ||||||
19 | related to the cost of administration of the road use | ||||||
20 | agreement. | ||||||
21 | (t) Notwithstanding any other provision of law, a facility | ||||||
22 | owner with siting approval from a county to construct a | ||||||
23 | commercial wind energy facility or a commercial solar energy | ||||||
24 | facility is authorized to cross or impact a drainage system, | ||||||
25 | including, but not limited to, drainage tiles, open drainage | ||||||
26 | districts, culverts, and water gathering vaults, owned or |
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1 | under the control of a drainage district under the Illinois | ||||||
2 | Drainage Code without obtaining prior agreement or approval | ||||||
3 | from the drainage district, except that the facility owner | ||||||
4 | shall repair or pay for the repair of all damage to the | ||||||
5 | drainage system caused by the construction of the commercial | ||||||
6 | wind energy facility or the commercial solar energy facility | ||||||
7 | within a reasonable time after construction of the commercial | ||||||
8 | wind energy facility or the commercial solar energy facility | ||||||
9 | is complete. | ||||||
10 | (u) The amendments to this Section adopted in Public Act | ||||||
11 | 102-1123 this amendatory Act of the 102nd General Assembly do | ||||||
12 | not apply to (1) an application for siting approval or for a | ||||||
13 | special use permit for a commercial wind energy facility or | ||||||
14 | commercial solar energy facility if the application was | ||||||
15 | submitted to a unit of local government before January 27, | ||||||
16 | 2023 ( the effective date of Public Act 102-1123) this | ||||||
17 | amendatory Act of the 102nd General Assembly or (2) a | ||||||
18 | commercial wind energy facility or a commercial solar energy | ||||||
19 | facility if the facility owner has submitted an agricultural | ||||||
20 | impact mitigation agreement to the Department of Agriculture | ||||||
21 | before January 27, 2023 ( the effective date of Public Act | ||||||
22 | 102-1123) this amendatory Act of the 102nd General Assembly . | ||||||
23 | (Source: P.A. 101-4, eff. 4-19-19; 102-1123, eff. 1-27-23; | ||||||
24 | revised 4-5-23.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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